MIDI, the company which was given a government concession to carry out projects at Manoel Island, has filed a counter protest against the Commissioner for Lands claiming that the contract does not provide for public access. It also said that the company is willing to allow foreshore access on "voluntary basis" as requested by the Gzira Local Council "until the infrastructure and security measures are implemented." The company said controlled pedestrian access under surveillance will be given to the public during weekends from 8am to 8pm.

The company is claiming that the protest filed by the Commissioner for Lands on 22 September was based on unfounded allegations.

Four days ago, the government filed a judicial protest calling on MIDI pls to open access to parts of the island. According to the protest filed by the Commissioner for Lands, the company was obliged to provide access to  Manoel Island by foot.

MIDI were granted a 99-year concession to develop the island, but the Tigné Point developers have already indicated they are looking for buyers to take over the concession.

The government's action comes after a protest which the Gzira's Labour mayor Conrad Borg Manche and activists from Kamp Emergenza Ambjent organised to seek access to the coastline.

The counter protest claims that the land in question is not subject to the right for passage to third parties nor for the public. Quoting clause 5.1 of the contract, MIDI said that the granter warrants the quiet and peaceful possession of the property which is being granted with all its rights and appurtenances.

"The Commissioner should make sure the property is safeguarded from any abusive behaviour."

"Whilst maintaining its rights at law to prevent public access over its private property, as outlined above, Midi has heard what Government, the Gzira Local Council and public opinion have had to say, and, without prejudice to its rights at law, is prepared to allow pedestrian access until the development has been completed (at which stage access is governed by the Deed) over part of its property, and specifically the south-facing road leading from the current entrance gate to the foreshore below the steps under Fort Manoel. From this point, the public will be able to walk around the foreshore of the entire island, always within a 5 metre distance from the seashore."

Foreshore access will be given as from this Saturday. The company will apply for adequate fencing and all necessary security equipment. "MIDI expects the authorities to provide all permits needed to make the access safe."

Midi is planning to once again hold an open weekend within a few weeks, when the public can visit Fort Manoel to view the restoration works carried out.

Referring to the ongoing saga, Midi said it regrets the attempt made to make it appear to have acted abusively, and hence is contesting through the counter-protest. However it would like to show its goodwill in acceding to the requests made to access the foreshore over its property. It hopes this will bring this sad saga to a satisfactory close.

The counter protest was signed by Prof  Ian Refalo. 

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Kamp Emergenza Ambjent reacts

Activists involved in Kamp Emerġenza Ambjent noted that MIDI agreed to restore access to the Manoel Island foreshore, however stressed that access to Manoel Island should not be limited to its foreshore as per the terms of the contract.

Press statement in full:

“We reiterate that access to Manoel Island should not be limited to its foreshore since the terms of the contract MIDI signed with Government state that access to all areas of the island should be guaranteed. The contract clearly states that this can only be temporarily closed by Government itself (as the Grantor) during construction (see clause 15.1 of attached contract). Thus, MIDI has no right to close access to the rest of the island and the public is under no obligation to keep to the foreshore.

“Nonetheless, we welcome such news with satisfaction and note that direct action in favour of the environment has led to a tangible victory. This was possible because many have shown that they are not ready to have their rights breached, and their land and sea taken away by the greedy and the powerful.

“Let it be clear that this is no concession from MIDI but it is simply a matter of taking back what is rightfully ours.

“Activists and organisations involved in Kamp Emerġenza Ambjent will remain vigilant to ensure that access is restored to the full. If access is hindered once again, we will be ready to take action.

“Kamp Emerġenza Ambjent activists recognize that there are many more pressing and urgent environmental issues in our country, ranging from absurd high-rise projects to fish-farm pollution and the Żonqor private institute. We shall be active in resisting those that want to damage our environment and quality of life for their own private gain.”